Trial Procedures Jammed - Again

The Trabzon trial related to the murder of Turkish-Armenian journalist Hrant Dink was continued on Thursday (9 December) before the 1^st High Criminal Court of Trabzon on the eastern Black Sea coast. Colonel Ali Öz, the Trabzon Provincial Gendarmerie Commander at the time of the murder, stands accused of negligence of duty prior to the murder.

The lawyer of defendant Öz was excused at the Thursday hearing. The court decided to evaluate the request for plaintiff status made by the Dink family lawyers.

Almost four years after the Dink murder, this is the decision that was announced by the court.

The Trabzon 2^nd Magistrate Criminal Court previously decided for a lack of jurisdiction on the trial against Öz and seven gendarmerie officers under charges of "negligence" and sent the file to the criminal court. The court declared that the file had to be reviewed first and the decision on a merger would be given later on between the sessions. The case was postponed to 17 February 2011.

The Trabzon Magistrate Court had decreed to continue the case on 9 December as well and decided to wait for the decision on the merger of the High Criminal Court.

Dink, founder and editor-in-chief of the Armenian Agos newspaper, was gunned down in front of his office in Istanbul on 19 January 2007. Still, neither the triggerman, nor the culprits connected to him, nor the ones who closed their eyes to the crime or failed to take precautions have been punished yet.

While the trial against the eight gendarmerie officials is still pending at the Magistrate Criminal Court, the Ministry of Justice opened a second case at the Trabzon 1^st Criminal Court against Öz on 30 September. The indictment was prepared by the Public Prosecutor of Rize (east of Trabzon) because of Öz's high military rank.

Involved lawyers: Deliberate neglect to kill

The Dink family lawyers claimed from the beginning of the case that Öz and the other defendants remained passive intentionally and thus paved the way to the murder. The lawyers request to prosecute the defendant under Article 83 of the Turkish Criminal Law (TCK) on "Voluntary manslaughter by means of negligent behaviour" which foresees an aggravated life sentence.

The European Court of Human Rights (ECHR) convicted Turkey of a violation of the right to life, of freedom of expression and the right to an effective remedy. The international court decreed that the officials failed to take the necessary precautions that could have prevented the murder.

On 24 September, Rakel Dink, the wife of the slain journalist, and his brother, Hosrof Dink, gave their statements at the Bakırköy 10^th High Criminal Court in the scope of the second trial. Öz stands accused of "misconduct in office by neglecting his duty".

Rakel Dink: He could have prevented the murder but he did not

Rakel Dink, one of the family members who sue Ali Öz, argued: "He had information about the assassination plot against my husband. He had the possibility to prevent the murder but he did not. I think he is just as guilty as the defendants who committed the murder".

The murder trial heard before the Istanbul 14^th High Criminal Court will be continued on 7 February 2011. 20 defendants are prosecuted in the scope of this trial, three of whom are detained. After 15 hearings the case is approaching its fourth year. On 25 October, the court decided to separate the file of triggerman suspect Ogün Samast from the main trial and forward it to the Istanbul Sultanahmet Juvenile High Criminal Court. The joint attorneys of the Dink family appealed the decision. (EÖ/VK)